The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-12-27

The Special Commissioner win first oiler
Tor sale the lands first herein before describ.
ed,sublcct to the aforementioned liens there
on, IN one parcel. and next in order the $40
acres lastly above described. Before nc.
cepting any bid which may be offered for
the said real estate said Commits sioner will
require the person or persons making such
bid TO deposit with him one per cent,lm of The
purchase price OF the said real property. and
II such purchase price shall be less than ST.
100000 then enough In addition to such one
per centum to make u deposit equal TO the
sum Of $4,000, the SAID deposit TO be made
either In cash or by n certified check upon
a solvent bank.
Any personal properly which belongs TO
the taid defendant The Francklyn Land
and Cattle Company which shall not have
been sold by the complainant herein under
the approval of this court prior TO the
dale of the said sale shall then be of.
fered for sale by the said Special
Commissioner, and ten per cent of the pur-
chase price of such personal property shall
be deposited In cash with the said Commits
sioner.
AS soon MS the sale shall have been made
/ by the said Special Commissioner under
this Decree, he will report the same to the
court for confirmation, certifying TO the.
court the compliance by the purchaser or
purchasers with the conditions hereinbelord
the bid shall be accepted by the court. and
the party making the same shall fail TO com
ply with all the conditions and all the Or
ders OF the court made and to be made I'm
respect thereof, then the sum so deposited
shall be forfeited and shall be applied to
the payment OF the expenses of resale and
the costs OF this cause, and for the pay
ment OF the bonds aforesaid, as the court
shall order.
In case any bid shall be rejected by the
court, the deposit made by the bidder shall
be returned to him.
The parts OF the Decree following are
published for the information Of bidders.
ii any bid or bids shall be accepted and
acknowledged by the CORTLAND all the condi-
lions OF the sale shall be fully complied
win by the purchaser or purchasers, and n
the person or persons making such bid Shall
perform all such conditions as the court
shall accept as sufficient for the time being,
ana when the court shall SO
order, the SAID Special Commissioner
shall make to such purchaser or purchasers
a deed or deeds Of conveyance and trans
Ter OF all the property sold by HIM under
THIS decree, and thereupon and from thence
forth the purchaser or purchasers of the
property hereinbelore SO ordered to be sold
shall be invested with, and hold possession
oil and enjoy the said mortgaged premises
aud property. and all the estates, rights, IT,
Ties and Interests pertaining thereto, us full
~ and freely rs the defendant the Franck-
lyn Land and Cattle Company now holds or
enjoys, and at the time Of the commence
ment of this suit held and enjoyed, or is or
was entitled TO hold and enjoy the same
and, further, that the purchaser or purchas-
ers shall have and be entitled to hold the
said property free and discharged from the
claims OF all parties to this suit, including
the complainant and all interyenors herein"
IL is also provided in the said decree as
follows:
- The balance OF the purchase price shall
be paid to the said Commissioner within
thirty days from the day of sale, the Court
reserving the right to resell the premises
and property herein directed to be sold on
the failure of the purchaser or purchasers,
or their assigns, TO comply within ten days
with any further order OF the Court In that
regard, and TO make the further payments
of the balance Of the purchase price at the
time herein specified, and in the manner re-
quired by the said Special Commissioner"
"The balance of the said pur-
cease price, or the entire
amount thereof, may be paid either
in cash or in the aforesaid bonds or over
due coupons belonging thereto. secured by
the said mortgage or deed Of trust and sup
Elementary mortgage so made by the the
said defendant, The Francklyn Land and
Cattle Company, as aforesaid, to the said
lius.ces, w si,lu ponus ,, poai5 n1uoisse ~
sucn price o. value Us VIII pe eluNa,on. w
tne lust snare OF aistrioutiVe amount OF
the net proceeds OIL sucn sac that tne n9iu
er OF holuers tnereoi Wouia pe eatlleu 10
receive III c.se Tue entire m'iou h, piu Were
pald IN cash anu II such ,ils,riputlse
amount oil tne net proeeeus snaii DO iess
,han the amour, lnen que upon tne s".u
bonus, ine saiu olstrlpuilve amount 70
Whlch tne n0luer or holaeIs on tne snla
bonds would De emitted shall ne receiptea
upon the said bonus respectively.
" Ana IL Is lurlher proviueu tnal the sara